Collective cultural rights in Asia: recognition and enforcement

This paper focuses particularly on how the notion of collective cultural rights is understood in Asia and how such rights are recognized in law and enforced through governmental policy. The discussion links the notions of cultural rights and cultural heritage, drawing inspiration from Comment No. 21 of the Committee on Economic, Social and Cultural Rights (2009) which asserts that everyone has the right to take part in cultural life and that “the obligations to respect and to protect freedoms, cultural heritage and cultural diversity are interconnected.” Efforts to protect and enhance human rights can only take place within states, and the record in Asian countries is very mixed. First and second generation human rights, with their emphasis on the individual, are sometimes regarded as Western in origin and character, while third generation collective cultural rights have been closely associated with Indigenous peoples, commonly living as minorities within European settler societies in the New World. Unlike Europe, Africa and the Americas, Asia does not have a regional intergovernmental human rights charter. Using case studies of China, Myanmar, Thailand and Vietnam the paper seeks to show why there is no Asian charter and asks what would it look like if there was one.

Limiting the list : human rights and intangible cultural heritage

UNESCO's Convention for the Safeguarding of Intangible Heritage came into force in April 2006, signalling a major expansion of the global system of heritage protection from the tangible to the intangible. It is an expansion that some heritage professionals see as opening up a Pandora's box of confusions and complexities. The conservation of inanimate objects tangible sites and monuments and artefacts - is difficult enough; but the protection of heritage embodied in people raises new sets of ethical and practical issues. The paper canvasses these concerns and focuses on how the notion of human rights must be used as a way of limiting and shaping the Intangible List. In particular it outlines the ways in which the protection and preservation of cultural heritage is linked to 'cultural rights' as a form of human rights. This linkage is not clearly recognised by cultural heritage practitioners in many countries, who view their work merely as technical, or even by human rights workers, despite the abundance of opportunities around the world to witness people struggling to assert their cultural rights in order to protect their heritage and identity.

Cultural diversity, cultural heritage and human rights : towards heritage management as human rights-based cultural practice

The present article investigates the linkages between conserving cultural heritage, maintaining cultural diversity and enforcing human rights. While there seems to be a growing awareness of these linkages in international heritage and human rights circles, they remain poorly understood by many heritage practitioners who see their conservation work merely as a technical matter. The article argues that it is essential for practitioners engaged in heritage conservation projects to understand the broader economic, political and social context of their work. However, heritage scholars and teachers, too, need to recognise that there can be many motives behind official heritage interventions, that such action is sometimes taken primarily to achieve political goals, and that it can undermine rather than strengthen community identity, cultural diversity and human rights. Such a reorientation is an extension of the paradigm shift in which heritage is understood as cultural practice. In this more critical heritage studies discipline human rights are brought to the foreground as the most significant part of the international heritage of humanity.

Critical perspectives on refugee policy in Australia : proceedings of the Refugee Rights Symposium hosted by the Institute for Citizenship and Globalisation, Faculty of Arts, Deakin University, December 5, 2002

Keynote addresses: What next for Australia's refugee policy? / Peter Mares -- One year after Tampa: refugees, deportees and TPVs / Chris Sidoti -- Academic papers: The tension of re-other-ing bodies / Snezana Dabic -- Acting for asylum: the nexus of pro-refugee activism in Melbourne / Helen Hintjens & Alison Jarman -- Biopolitics and the 'problem' of the refugee / Matthew Holt -- Temporary protection of refugees: Australian policy and international comparison / Fethi Mansouri & Michael Leach --The not-so-special benefit and non-mutual obligation: refugees on a TPV and income support arrangements / Greg Marston -- Family separation: Somali women in Melbourne / Celia McMichael & Malyun Ahmed -- Embodying exile: protest, performance, trauma and effect in the formation of East Timorese refugee identities / Amanda Wise -- Personal and Community Sector Perspectives -- A personal experience of the TPV policy / Mueen Al-Breihi -- A city of refuge?: protecting the social and cultural rights of refugees in Brisbane / Renae Mann -- Temporary protection visas, recovery from trauma and personal identity / Helen Martin -- All I ask for is protection: young people seeking asylum in Australia / Samira Mohamed.

Heritage rights - avoidance and reinforcement

 The conflicts that abound around the world between different groups struggling to control the definition, management, and use of heritage give rise to many issues that need to be foregrounded in scholarly and professional debates. Focusing on UNESCO’s World Heritage system, this paper asks: Why and how do nation states avoid respecting heritage rights? What can be and is being done about it? How can we move toward a more rightsbased approach to heritage management? The notion that people have rights to access and enjoy their cultural heritage has emerged within the domain of cultural rights, which, in turn, is a component of human rights. Prospects for achieving global recognition of cultural heritage rights have improved recently through interrelated activities being undertaken at the United Nations High Commission for Human Rights, in a Norwegian network of heritage, environmental and rights agencies, and at the United Nations Permanent Forum on Indigenous Issues. These advances relate mostly to Indigenous heritage, whereas the cultural heritage of other groups, such as women, children, and youth, or, in many parts of the world, ethnic and racial minorities that are not considered Indigenous peoples, lack comparable recognition and respect. © W. S. Maney & Son Ltd 2014

Migration and the right to social security: perceptions of off-farm migrants' rights to social insurance in China's Jiangsu Province

In 2001 China ratified the International Covenant on Economic, Social and Cultural Rights. By so doing the national government became legally bound, "to the maximum of its available resources", to achieve "progressively" full realization of the rights specified in the Covenant. Included amongst these entitlements is the "right of everyone to social security, including social insurance". This paper uses data from Jiangsu to examine the extent to which urbanites agree that previously disenfranchised migrants have the same right to social insurance as the urban population. Many urbanites fear that their existing entitlements to social protection will be diluted if social insurance coverage is extended to include new populations. Accordingly, state agencies and the media have sought to promote acceptance of a more positive view of migrant workers than has traditionally prevailed within towns and cities. We find that younger urban residents, urban residents who already have social insurance and urban residents working in the state-owned sector are more likely to agree that migrants have the same right to social insurance as the urban population. © 2007 Institute of World Economics and Politics, Chinese Academy of Social Sciences.

Cultural, religious and political contestations: the multicultural challenge

This book examines the foundations of multiculturalism in the context of émigré societies and from a multi-dimensional perspective. The work considers the politics of multiculturalism and focuses on how the discourse of cultural rights and intercultural relations in western societies can and should be accounted for at a philosophical, as well as performative level. Theoretical perspectives on current debates about cultural diversity, religious minorities and minority rights emerge in this volume. The book draws our attention to the polarised nature of contemporary multicultural debates through a well-synthesised series of empirical case studies that are grounded in solid epistemological foundations and contributed by leading experts from around the world. Readers will discover a fresh re-examination of prominent multicultural settings such as Canada and Australia but also an emphasis on less examined case studies among multicultural societies, as with New Zealand and Italy. Authors engage critically and innovatively with the various ethical challenges and policy dilemmas surrounding the management of cultural and religious diversity in our contemporary societies. Comparative perspectives and a focus on core questions related to multiculturalism, not only at the level of practice but also from historical and philosophical perspectives, tie these chapters from different disciplines together. This work will appeal to a multi-disciplinary audience, including scholars of political philosophy, sociology, religious studies and those with an interest in migration, culture and religion in contemporary societies.

Flows and catchments : stone soup

Installation of the makings of three types of soup: stone soup, axe soup and heirloom soup in accordance with the folk stories. Formed part of group exhibition of photographs, films, installations and drawings, and sound in response to the artist-researchers involvement with the Lake Bolac landscape and community and research being conducted on Charles Dawson an 18th century businessman who engaged and advocated for the cultural rights of the Indigenous peoples of SW Victoria. The aim of the research is to suggest that creative research constitutes a important way to understand and engage local communities for the purpose of exchange and cultural development. My work in particular suggest a way that artist induce community collaboration by creatively producing collaborative platforms that require cooperation and benefits everyone.

Democracy at risk : the cultural negotiation of hatred, rights and freedom

The idea for this panel emerged from a research project being undertaken at the Institute for Globalisation and Citizenship, Deakin University, Australia, – Moving On ›Cultural Negotiation‹ in Theory and Practice for the 21st Century.

Professional artists in Vietnam : intellectual property rights, economic and cultural sustainability

The article outlines the legal context for Vietnamese artists that is not discussed in other literature, including the scarcity of data on the art market, the reasons for failure to enforce intellectual property (IP) rights and legal contracts, and the rapid growth of private-sector art dealing that makes an examination of the legal context so essential. The author's field research in Vietnam since 2003 is linked to analyses of Vietnam's art market and to civil codes and other international agreements that determine professional artists’ IP rights. This illustrates the reasons why IP rights have not been enforced or arbitrated in Vietnam. The author includes a discussion of the importance of enforcing IP law for the maintenance of artists’ incomes and careers, the development of a national art market, and for innovation and cultural sustainability in Vietnam.

Cultural diversity, heritage and human rights : intersections in theory and practice

This theoretically innovative anthology investigates the problematic linkages between conserving cultural heritage, maintaining cultural diversity, defining and establishing cultural citizenship, and enforcing human rights.

It is the first publication to address the notions of cultural diversity, cultural heritage and human rights in one volume. Heritage provides the basis of humanity’s rich cultural diversity. While there is a considerable literature dealing separately with cultural diversity, cultural heritage and human rights, this book is distinctive and has contemporary relevance in focusing on the intersection between the three concepts. Cultural Diversity, Heritage and Human Rights establishes a fresh approach that will interest students and practitioners alike and on which future work in the heritage field might proceed.